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United States Court of Appeals, Tenth Circuit
United States Court of Appeals, Tenth Circuit
2d 1518
69 A.F.T.R.2d 92-1165, 92-2 USTC P 50,368
Shirley D. Peterson, Asst. Atty. Gen., Gary R. Allen, David English Carmack,
Kenneth W. Rosenberg, Attys., Tax Div., Dept. of Justice, Washington, D.C.
(Michael J. Norton, U.S. Atty., Denver, Colo., of counsel), for plaintiffappellee.
Defendant Bobby G. Gosnell appeals from an order of the district court holding
him liable for unpaid federal personal income taxes, penalties and interest for
the years 1976 through 1982, and ordering that the government's tax liens
against Gosnell's real property be foreclosed.
In 1976 and 1977, Gosnell filed federal income tax returns with only his marital
status, filing status, and claim of one personal exemption noted. He paid no
taxes. Gosnell filed no federal income tax returns for the years 1978-1982.
On appeal, Gosnell argues the government never clarified under which section
of the code he was liable. He also argues the government did not prove he was
a taxpayer, he was "in a taxable charged activity," what tax he owed, if that tax
were direct or indirect, or he did not file the required tax forms. He argues the
government failed to prove that the assessment was proper; that it had
jurisdiction or authority to investigate, make an assessment, or to issue a
deficiency letter; or that the agent in charge of the investigation had proper
authority. Gosnell argues he was improperly denied counsel.
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Cir.1986).
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Gosnell does not argue that the transfer of the property to Ute View Farms was
not fraudulent. The district court found that the transfer was a sham because
Gosnell received no money or property in exchange for the property, nor was
there any documentation evidencing the existence of Ute View Farms. Further,
after transferring the property, Gosnell continued to live there and made regular
mortgage payments. He maintained, in his own name, homeowner's insurance,
telephone service, and electric service on the property. He paid real estate taxes
and allowed his brother to live there rent free.
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"Property held in the name of an entity which is the alter ego of a taxpayer may
be levied on to satisfy the tax liabilities of the taxpayer." F.P.P. Enters. v.
United States, 830 F.2d 114, 118 (8th Cir.1987). The district court properly
ordered the foreclosure on the government's lien after it determined that the
transfer was fraudulent.
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The government has requested sanctions in the amount of $1,500 for the taking
of a frivolous appeal in accordance with Casper, 805 F.2d at 906-07. Gosnell
has had an opportunity to respond. See Braley v. Campbell, 832 F.2d 1504,
1514-15 (10th Cir.1987); see also Lonsdale v. United States, 919 F.2d 1440,
1447-48 (10th Cir.1990) (applying Braley notice requirement to pro se
litigants). In other cases we have imposed sanctions for raising frivolous
arguments similar to those raised here. See Lonsdale, 919 F.2d at 1447-48;
Casper, 805 F.2d at 906-07; Stafford v. Commissioner, 805 F.2d 893, 894-95
(10th Cir.1986); Charczuk v. Commissioner, 771 F.2d 471, 472, 475-76 (10th
Cir.1985). We agree that this appeal is frivolous and, therefore, award
$1,500.00.
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The judgment of the United States District Court for the District of Colorado is
AFFIRMED.
Honorable David Sam, District Judge, United States District Court for the
District of Utah, sitting by designation
This and the other defendants were made parties to this suit because they might
have had an interest in the property. See 26 U.S.C. 7403(b). The government
later moved to dismiss all defendants except Gosnell
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination
of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore
ordered submitted without oral argument
26 U.S.C. 6321 provides that "[i]f any person liable to pay any tax neglects or
refuses to pay the same after demand, the amount ... shall be a lien in favor of
the United States upon all property and rights to property, whether real or
personal, belonging to such person."